WHAT YOU SHOULD KNOW ABOUT YOUR 341 CREDITOR’S MEETING
June 6, 2020
Any person or party who files for bankruptcy must attend a 341 creditor’s meeting. This meeting is a time during which the appointed trustee and any creditors who attend can ask questions about the debtor’s financial standing.
Here's What You Should Know About The 341 Creditor’s Meeting
You Are Required to Attend
Individuals who have filed for bankruptcy must attend this meeting which is typically held soon after bankruptcy has been declared. It doesn’t matter if you file for Chapter 7 or Chapter 13, you must attend this meeting. You are allowed to bring your attorney with you.
If you fail to attend the meeting your case can be dismissed.
The Court Will Pick a Date And Time
The 341 meeting is held in a courthouse or court facility. The date, time, and location will be mailed to you, the trustee, and any creditors involved in the case. It’s always a good idea to map out the location in advance so that you can arrive on time and find parking if needed.
You Should Review Your Bankruptcy Case Before The Meeting
In addition to other tasks, the trustee appointed to your case is supposed to review your paperwork, check your identity, and look for signs of bankruptcy fraud. If you find any errors when you review your bankruptcy petition you need to bring these up to the trustee during the meeting unless you are able to file an amendment before.
You Won’t Need To Bring Much To The 341 Meeting
You will likely have filed all of the necessary paperwork prior to the meeting. All you usually need to bring is:
Social Security Card
Copy Of Your Bankruptcy Petition
The trustee will typically tell you if you need to bring anything else to the meeting.
You Will Have To Answer Questions
The trustee and the creditors who attend will ask you questions throughout the meeting. Common questions include:
Has anything changed since you first filed for bankruptcy?
Have you disclosed all of your assets?
Have you ever filed for bankruptcy before?
Does anyone owe you money?
Did you list all of your creditors?
Have you been ordered by a court to pay domestic support obligations like child support or alimony?
Creditors Don’t Need To Attend The Meeting Of Creditors
In fact, it’s rare for creditors to actually show up to a meeting. This results in meetings being very short, often only 10 or 15 minutes long. It’s normal to be nervous before the meeting. All you need to do is answer the questions truthfully and provide any requested documentation.
An Attorney Can Help You Prepare For Your 341 Meeting
Although you can file bankruptcy pro se, which means that you are representing yourself, it’s often best to work closely with an attorney. An attorney can help guide you throughout the bankruptcy process, can ensure that the necessary paperwork is filed on time, and can negotiate with the creditors.
If you’re considering filing for bankruptcy, call (408) 882-9758 for a consultation with Mr. Joseph Camenzind, IV. Mr. Camenzind is prepared to answer all of your questions and review your case. Don’t hesitate - you don’t have to go through this alone.